August 6, 2019

Top Strategies for Preventing and Breaking Impasse in Mediation

Josh Fruchter
Impasse — it’s the bane of all mediators. We know it when we see it. The gap between the parties seems unbridgeable. Neither side is willing to make a move. Emotions are running high, and both sides are ready to walk. What can mediators do to prevent negotiations from reaching..
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June 7, 2019

Celebrity Name Game: How Do You Break an Impasse Over Price at Mediation?

David Albalah
Breaking an impasse at mediation over price requires creativity. But before a mediator can make progress, he or she needs to uncover and understand the unspoken psychological, emotional, legal or other obstacles that are preventing either or both of the parties from making any further moves. In one case I..
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June 4, 2019

Are Negotiations Between Parties During the Mediation Process Without the Mediator’s Participation Protected by the Mediation Privilege?

Josh Fruchter
When disputes enter into mediation, there are meetings and communications between the parties and the mediator, but after a mediation session ends, the parties may continue to negotiate independently by meeting and communicating between themselves outside the mediator’s presence. When and to what extent are those independent negotiations (conducted without..
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